New York State Court of Claims

New York State Court of Claims
HICKS v. THE STATE OF NEW YORK, # 2018-015-108, Claim No. 129244, Motion No. M-91820

Synopsis

Motion to produce a non-party inmate witness to the underlying incident was granted, and the Department of Corrections and Community Supervision was ordered to produce the witness for an examination before trial.

Case information

UID: 2018-015-108
Claimant(s): ROBERT L. HICKS
Claimant short name: HICKS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129244
Motion number(s): M-91820
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: No Appearance
Defendant's attorney: Honorable Eric T. Schneiderman, Attorney General
By: Christina M. Calabrese, Esq.,
Assistant Attorney General
Third-party defendant's attorney:
Signature date: February 27, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moved by Order to Show Cause to take the deposition of non-party witness Maria Velez-Phillips, an inmate in the custody of the Department of Corrections and Community Supervision at Albion Correctional Facility in Albion, New York.

The claim seeks damages for false arrest and imprisonment, excessive force and constitutional violations following a traffic stop that resulted in claimant's arrest on September 16, 2015 for obstructing governmental administration and resisting arrest. At the time of his arrest, claimant was a passenger in a motor vehicle operated by Maria Velez-Phillips when she was stopped by the New York State Police for a traffic violation.

Defendant, having established that the non-party deposition of Maria Velez-Phillips is material and necessary to the defense of the claim, and service having been made in the manner required by the Order to Show Cause, it is hereby

ORDERED that the Department of Corrections and Community Supervision of the State of New York produce Maria Velez-Phillips, DIN 16-G-0335, at Albion Correctional Facility located at 3595 State School Road, Albion, New York 14411 on the 6th day of March 2018 at 11:00 a.m. for the purpose of being sworn and examined under oath concerning the above-entitled claim, and it is further

ORDERED that for her refusal to attend and appear said witness will be deemed guilty of a contempt of court and liable for all damages sustained to the party aggrieved thereby and to forfeit $50 in addition thereto.

February 27, 2018

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Order to show cause, dated February 2, 2018, signed by Hon. Francis T. Collins;
  2. Affirmation in support, dated February 1, 2018, with Exhibits A - D.